
The U.S. Constitution establishes a federal system of government, with power shared between federal and state governments, each with its own court system. Article III, Section I of the Constitution states that The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. This provision permits Congress to decide how to organize the Supreme Court and establish lower federal courts. The Judiciary Act of 1789 created a Supreme Court with six justices and the lower federal court system. The Supreme Court has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. It also plays a crucial role in safeguarding civil rights and liberties, ensuring that each branch of government respects its limits, and setting boundaries for democratic governments.
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What You'll Learn

The US Constitution and federal system of government
The US Constitution establishes a federal system of government, with power shared between the federal government and state governments. Each level of government has its own court system. The Constitution establishes the Supreme Court, but permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
Article III of the Constitution outlines the judicial power of the United States, stating that it "shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This article also specifies that judges of both the Supreme and inferior courts "shall hold their Offices during good Behaviour" and that their compensation "shall not be diminished during their Continuance in Office."
The Constitution grants the Supreme Court appellate jurisdiction, allowing it to hear cases on appeal that involve points of constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases. The Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but has been exercised by the Court.
The Fourteenth Amendment expanded the Supreme Court's role, allowing it to rule on cases involving states and the Bill of Rights. The Court's decisions have a significant impact on society, shaping areas such as student rights, civil rights, and liberties. The federal court system, as established and expanded over time, plays a crucial role in the US constitutional system of government.
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The Judiciary Act of 1789
The Act provided a charter for the federal judicial system by specifying the jurisdiction and powers of the district and circuit courts, and the qualifications and authority of federal judges, district attorneys, court clerks, U.S. Marshals, and Deputy Marshals. The Judiciary Act of 1789 also included the Alien Tort Statute, which provided jurisdiction in the district courts over lawsuits by aliens for torts in violation of the law of nations or treaties of the United States.
The Act was the result of a compromise between Federalists and Anti-Federalists. The Federalists wanted a strong federal government, while the Anti-Federalists sought to protect the rights of the states. The final form of the Act satisfied neither side, as it was recognised as a clumsy and inefficient system. Despite this, the judicial system's clumsiness and inefficiency have served it well in achieving the contradictory purposes of exerting federal authority while safeguarding the rights of the states and the freedoms of individual citizens.
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The Supreme Court
Article III, Section I of the US Constitution establishes the Supreme Court and outlines its powers. It states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This means that while the Supreme Court is recognised by the Constitution, it is Congress that decides how to organise it.
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. This act also gave the Supreme Court the power to issue writs of habeas corpus, among other types of writs. The Certiorari Act of 1925 further added to the Court's powers, giving it the discretion to decide whether or not to hear a case on appeal.
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Jurisdiction of inferior federal courts
The US Constitution grants Congress the power to establish inferior federal courts, or lower federal courts, that are subordinate to the Supreme Court. This is outlined in Article III, Section 1, which states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. However, the Judiciary Act did not confer general federal question jurisdiction on the inferior federal courts. Instead, litigants had to seek remedies in state courts and could appeal to the Supreme Court if the judgment went against their federal constitutional claims.
Over time, Congress has enacted various jurisdictional provisions and statutes that have expanded the jurisdiction of inferior federal courts. For example, the 1875 Act conferred general federal question jurisdiction on the federal courts, allowing for the removal of cases by either party, regardless of diversity of citizenship. Additionally, the Labor-Management Relations Act of 1947 authorized federal courts to hear suits for violations of collective bargaining agreements without considering the amount in controversy or the citizenship of the parties.
The Constitution also outlines the types of cases that fall under the jurisdiction of the inferior federal courts. These include cases in law and equity arising under the Constitution, laws of the United States, and treaties made under their authority. It also includes cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime jurisdiction. The Supreme Court has appellate jurisdiction on cases involving constitutional and/or federal law, such as those involving treaties and admiralty cases.
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The power to declare the law
The United States Constitution grants federal courts their power, specifically Article III which establishes the judicial branch and invests these courts with the authority to interpret and apply the law. This article outlines the You may want to see also Article III of the US Constitution establishes the Supreme Court and permits Congress to decide how to organize it and to create inferior federal courts. Federal courts have the power to issue writs of scire facias, habeas corpus, and all other writs not provided for by statute but necessary for the exercise of their respective jurisdictions. They have appellate jurisdiction (the power to hear a case on appeal) on almost any case that involves a point of constitutional and/or federal law. The Supreme Court's most important power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.Enlightenment's Impact: Shaping the Constitution
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